Shahid Ansari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4845 of 2016 Shahid Ansari S/o Mohd. Ahsan Ansari Aged About 19 Years, R/o Bazarpara, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kusmi, District Balrampur Ramanujganj, Chhattisgarh. ---- Respondent For applicant - Shri Ajay Kumar Pandey, Advocate. For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.85/2015 registered in Police Station Kusmi, District-Balrampur-Ramanujganj (C.G.) for offence punishable under sections 363, 366-A, 376 of Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act, 2012. 2.

As per the prosecution case, a report was made by father of the prosecutrix Indradev on 22/09/2015 that his daughter was missing from 19/09/2015 and subsequently girl was recovered from the possesion of the applicant on 22/09/2015 and on investigation it revealed that the applicant enticed away the girl on the pretext of marriage and committed sexual intercourse.

3.

Learned counsel for the applicant would submit that prosecutrix and father of the prosecutrix have been examined in this case and they have not supported the case of the prosecution, therefore the applicant may be released on bail.

4.

Learned State counsel is not able to dispute the fact that

prosecutrix and father of the prosecutrix have not supported the case of the prosecution.

5.

Considering the fact that prosecutrix has not supported the case of the prosecution, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri